Dismissal of a mentally ill employee without an OH report – fair or unfair?

The Tribunal, in the case of Mr Daniels v BT, found that he had been unfairly dismissed for gross misconduct because BT did not act on the doctor’s recommendation and seek occupational health advice (Mr Daniels having a history of mental illness). The EAT have dismissed the appeal and found that this was a matter for the Tribunal to consider based on the facts before it. A cautionary tale for employers dealing with misconduct cases concerning employees with mental health problems.